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The paper analyses some deficiencies of the Spanish Constitution of 1978 from the premise that the constitutional limits that may be imposed on the exercise of popular sovereignty in a democracy can never exceed, without losing its legitimacy, the minimum necessary to ensure the inviolability of the rights considered essential for peaceful coexistence. However, it is argued that some of the restrictions detected, the result of the context in which they were written, do exceed this limit and can be considered illegitimate as they pose an impediment to achieving the main goals that the Constitution claims to defend from its inception.Keywords: .

Tensiones entre la legalidad constitucional y el principio democrático en la Constitución española de 1978